Illinois Appellate Court Rules Supervising Physician In Hospital May Have Established Physician-Patient Relationship With ED Patient

Physician Established Physician-Patient Relationship: In its December 30, 2022 Opinion, the Appellate Court of Illinois First District Sixth Division (“Illinois Appellate Court”) stated: “Plaintiff argues that a genuine issue of material fact exists as to whether Dr. Collins owed a duty of care to Slanger because Dr. Collins gave Slanger medical care and treatment thereby establishing a physician-patient relationship. Dr. Collins claims that he and Slanger never formed a physician-patient relationship because he never treated, consulted, or evaluated Slanger … The extent of Dr. Collins’s responsibility and involvement in reviewing of Slanger’s medical chart and approving her care and treatment demonstrates that, unlike the physician in Gillespie,
Dr. Collins’s medical evaluation impacted Slanger’s diagnosis and treatment. Therefore, we find that a genuine issue of material fact exists as to whether Dr. Collins owed a duty of care to Slanger and that the circuit court erred by granting the motion for summary judgment in favor of Dr. Collins.”

Physician-Patient Relationship

A physician-patient relationship is a consensual relationship in which the patient knowingly seeks the physician’s assistance and in which the physician knowingly accepts the person as a patient. A consensual relationship may exist where a physician contacts another physician on behalf of the patient or where a physician accepts a referral of a patient. A physician-patient relationship may also exist even in the absence of any actual contact between the physician and the patient when the physician performs specific services for the benefit of the patient.

Illinois courts have found that a physician-patient relationship existed when the physician takes some affirmative action to participate in the care, evaluation, diagnosis, or treatment of a specific patient.

In the case it was deciding, the Illinois Appellate Court explained: “Dr. Collins was the supervising physician for Kennedy on December 11, 2016. Dr. Collins testified that a supervising physician assists the nurse practitioner when necessary, reviews patients’ medical charts prepared by the nurse practitioner, and “sign[s] off” on the medical plan. After Kennedy examined Slanger, Dr. Collins reviewed Slander’s medical chart, including her history of present illness, physical examination, and lab orders and results. Based on the chart, Dr. Collins opined that Slanger’s medical care was “reasonably appropriate,” that no further medical tests or imaging studies were required, and that Slanger’s discharge plan was appropriate. Dr. Collins testified that a patient could not be discharged unless the supervising physician approved the discharge.”

Furthermore. “Slanger signed a consent form which stated that “I am under control of the attending physicians” and “I further acknowledge that my admission and discharge are arranged by the attending physician.” At the time of Slanger’s care, Dr. Collins was the attending physician … Furthermore, Slanger was billed for medical doctor services by EM Strategies, the employer of Dr. Collins. Considering the affirmative acts of Dr. Collins in evaluating, discharging, and billing Slanger, this case presents facts that support the conclusion that Dr. Collins and Slanger formed a physician-patient relationship.”

The Illinois Appellate Court therefore held: “We find that a genuine issue of material fact exists as to whether Dr. Collins owned a duty of care to Slanger, and therefore, the circuit court erred by granting Dr. Collins’s motion for summary judgment that resulted in the dismissal of counts VII and VIII against Dr. Collins and counts IX and X against EM Strategies in plaintiff’s amended complaint. Accordingly, we reverse the circuit court’s judgment and remand for further proceedings on the complaint.”

Source Slanger v. Advanced Urgent Care, Ltd., 2022 IL App (1st) 211579.

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